Law: Pakistan Penal Code, 1860

Section: Ss. 304 Part II and 325

(a) Penal Code (XLV of 1860), Ss. 304 Part II and 325 --Death in sudden fight-Result of cumulative effect of two blows given one each by two accused-Conviction of one under S. 304 Part II=Changed in appeal to one under S. 325.   A fight had developed between two parties all of a sudden and was unpremeditated and in the heat of the moment blows were exchanged. A and B two of the accused each delivered a blow on the head of a person who ultimately succumbed to the injury thus received. A was convicted under section 304 Part II.   Held, in the circumstance it was difficult to escape the con clusion that the injury caused to the deceased on the head may have been the cumulative effect of the two blows and of one or the other in a greater or lesser degree and, therefore, A's conviction under section 304, Part II could not be sustained because the damage caused to the head of the deceased could not be entirely ascribed to the blow attributed to A.   The conviction of A was, therefore, altered to one under section 325 Penal Code, 1860.   (b) Private defence, right of-Sudden fight-Both sides getting ready to fight-Question of self defence does riot arise.   Where both sides engage in a fight which is sudden and unpremeditated it does not-affect the guilt of any individual on either side as to who gave the first blow. Where both the parties get ready to fight the question of self-defence does not arise. It is a different matter, however, if one side is taken unawares and defends an attack which is made on it by the other party.   JUDGMENT   The appellant Pehlwan was tried along with ten others on charges under section 148/302/323/149, P. P. C., for having con stituted an unlawful assembly and in the prosecution of its common object causing the death of Karam Ali and simple injuries to P. Ws. Malta and Jalla Pehlwan was convicted by the learned Additional Sessions Judge, Lyallpur Division, at Jhang, under section 304 Part II, P. P. C. in respect of the injuries to Karam Ali deceased and sentenced to three years' rigorous imprisonment. Three other accused persons, namely, Momand, Muhammad and Nura were convicted under section…